Harry Freedman

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 30, 2001

Union certification application dismissed after failing to secure more than 50% of representation vote.

The applicant union applied for certification.

Following a representation vote where not more than 50% of the ballots were cast in favour of the applicant, the Ontario Labour Relations Board dismissed the application.

The Board noted that the applicant had not established it was a trade union within the meaning of the Labour Relations Act, 1995, but declined to determine the issue as the application was dismissed in any event.

The Board directed the parties' attention to section 10(3) of the Act regarding subsequent applications.

Canadian Union of Skilled Workers v. Eptcon Ltd., 2001 CanLII 17924

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 30, 2001

Board declined to order production of documents pending written submissions from responding parties.

The applicant union sought an order requiring the production of documents and particulars from the responding parties in advance of the hearing.

The applicant submitted that it had requested information from the responding parties but had not received a response.

Given the scope and nature of the documents sought, the Ontario Labour Relations Board declined to make an order until the responding parties had an opportunity to make submissions.

The Board directed the parties to file written submissions regarding the production request and remained seized of the matter.

International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 721 v. Mannesman Dematic Rapistan Limited, 2001 CanLII 19813

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 30, 2001

Employer ordered to pay damages and costs for unpaid wages and benefits in default grievance arbitration.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995, alleging the responding employer failed to pay proper wages and remit benefit contributions.

The responding party failed to file a Request for Hearing and Notice of Intent to Defend.

Pursuant to the Board's Rules of Procedure, the responding party was deemed to have accepted all facts stated in the application.

The Board found the responding party bound by the collective agreement, declared it had violated the agreement, and ordered it to pay $7,648.00 in damages and $214.00 in costs.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1819) v. Sandra Friedman c.o.b. as Hillside Glass and Mirror, 2001 CanLII 7581

Harry Freedman

Board grants four-week extension to file materials pending settlement discussions.

The applicant requested a four-week extension of time to file additional materials required by a previous Board decision, noting that the parties were attempting to resolve the issue.

The Board granted the extension, warning that failure to file the materials by the new deadline would result in the dismissal of the application.

Slater Steel Inc. v. Mike Nadeau and the Minister of Labour, 2001 CanLII 13202

Harry Freedman

Board expedites hearing for union members facing internal discipline for voting against the union.

The applicants, two union members, filed an unfair labour practice complaint alleging the union initiated internal disciplinary proceedings against them for voting against the union in a representation vote.

The applicants sought an early hearing or an interim order to stop the union trial.

The Board held it lacked jurisdiction to issue interim relief prior to a hearing but expedited the hearing date.

The Board also dismissed the union's request to dismiss the application for failing to disclose a prima facie case, finding it was not plain and obvious that penalizing members for their vote was lawful under the Labour Relations Act.

Luigi Crolla and Joseph Degan v. Carpenters and Allied Workers Local 27, United Brotherhood of Carpenters and Joiners of America, Michael Yorke and Ucal Powell, 2001 CanLII 11912

J. G. Knight

Harry Freedman

G. McMenemy

Request to delay representation vote and reconsider vote direction dismissed; vote to proceed as scheduled.

In an application for certification, the intervenor trade union sought to delay the representation vote, alleging failure of service and claiming to represent some employees in the proposed bargaining unit.

The responding party employer also requested reconsideration of the Board's decision directing the vote and proposed a different bargaining unit description.

The Board dismissed the request for reconsideration and declined to delay the vote, noting that the voting constituency specifically excluded persons already represented by another trade union.

The Board held that issues regarding the appropriate bargaining unit could be determined after the vote.

Construction Workers Local 53 v. Seal-On Paving Ltd., 2001 CanLII 12548

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant union requested to withdraw its application against the responding employers.

The Ontario Labour Relations Board granted the request and the application was withdrawn.

Teamsters Local Union No. 879 v. Paper Fibres Inc. and Alfa Paper Products Inc., 2001 CanLII 14145

J. G. Knight

Harry Freedman

G. McMenemy

Grievance referral withdrawn at the request of the applicant.

The applicant requested to withdraw its referral of a grievance to the Board.

The Board granted the request and the referral was withdrawn.

International Brotherhood of Electrical Workers Local 586 v. Univex (Canada) Ltd., 2001 CanLII 12817

J. G. Knight

Harry Freedman

G. McMenemy

Application withdrawn at the request of the applicant.

The applicant, Teamsters Local Union No. 879, requested to withdraw its application against Paper Fibres Inc. and Alfa Paper Products Inc. The Ontario Labour Relations Board granted the request and the application was withdrawn.

Teamsters Local Union No. 879 v. Paper Fibres Inc. and Alfa Paper Products Inc., 2001 CanLII 18953

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 28, 2001

Default judgment entered against employer for failing to remit benefit contributions and vacation pay.

The applicant union referred a grievance to the Board under section 133 of the Labour Relations Act, 1995.

The responding party employer failed to file a Request for Hearing and Notice of Intent to Defend/Participate within the required time.

Pursuant to the Board's Rules of Procedure, the Board deemed the responding party to have accepted all facts stated in the application.

The Board declared that the responding party was bound by the collective agreement and had violated it by failing to remit proper benefit contributions and vacation pay.

A hearing was scheduled to assess damages.

The International Union of Painters and Allied Trades, district Council 46 (Local Union 1891) v. Industry Drywall Systems Ltd., 2001 CanLII 2630

Harry Freedman

G. Pickell

G. McMenemy

OLRBOntario Labour Relations BoardMay 28, 2001

Board amends jurisdictional dispute decision to clarify tending work assignment.

The responding unions requested clarification of the Board's March 21, 2001 decision regarding a jurisdictional dispute over masonry restoration work.

They sought an amendment to reflect that the work assigned to BACU Local 5 was to be tended by members of Labourers' Local 1059.

As the applicant made no submissions in response and no other parties objected, the Board granted the request and amended its previous decision accordingly.

Clifford Restoration Limited v. Brick and Allied Craft Union of Canada, 2001 CanLII 3030

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 28, 2001

Representation vote directed in construction industry certification application despite dispute over bargaining unit description.

The applicant trade union filed an application for certification under the construction industry provisions of the Labour Relations Act, 1995.

The responding party disputed the applicant's estimate of the number of employees and the proposed bargaining unit, giving notice under section 8.1 of the Act.

The Board found that the applicant established sufficient membership support (not less than forty per cent) in its proposed bargaining unit to warrant a representation vote.

The Board directed that a representation vote be taken among the employees in the voting constituency.

Construction Workers Local 53 v. Seal-On Paving Ltd., 2001 CanLII 7841

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 24, 2001

Adjournment granted on consent; motion to disqualify Board member for alleged bias dismissed.

The applicant sought to terminate the responding party's bargaining rights and requested an adjournment due to a leave of absence, which was granted on consent.

The applicant also objected to Board Member G. McMenemy participating on the panel, alleging bias because of his past role as a union business representative.

The Board dismissed the objection, finding no actual bias or reasonable apprehension of bias, noting that Board members are appointed for their labour relations experience and take an oath of office to act impartially.

Elaine C. Aiken v. International Union of Painters and Allied Trades and the Ontario Council of the International Union of Painters and Allied Trades, 2001 CanLII 17076

Harry Freedman

OLRBOntario Labour Relations BoardMay 24, 2001

Motion to dismiss duty of fair representation complaint for undue delay dismissed due to lack of evidence.

The intervenor employer brought a motion to dismiss the applicant's duty of fair representation application on the grounds of undue delay.

The Board had previously directed the parties to provide submissions on when the applicant knew or ought to have known that his grievance was withdrawn.

The applicant submitted he only learned of the withdrawal when he filed the application in February 2001.

The union and employer could not provide a definitive date when the applicant was informed.

The Board found no basis for finding any delay by the applicant and dismissed the motion.

Derick M. Gardner v. National Automobile, Aerospace, Transportation & General Workers Union of Canada (CAW-Canada), CAW Local 222, 2001 CanLII 18693

Harry Freedman

OLRBOntario Labour Relations BoardMay 24, 2001

Board confirms two related applications for review of orders to pay will be heard together.

The applicants, directors of a corporation, sought clarification regarding notices of hearing for their applications to review orders to pay issued by an Employment Standards Officer.

The Board confirmed that both applications would be heard together.

The Board declined to rule in advance on the consequences of the respondents' potential failure to attend the hearing, leaving that determination to the panel assigned to hear the matter.

Mary B. MacNay v. MacNay’s General Store Ltd., 2001 CanLII 16445

Harry Freedman

OLRBOntario Labour Relations BoardMay 23, 2001

Application for review of Order to Pay terminated following parties' execution of Minutes of Settlement.

The employer applied for a review of an Order to Pay under section 68 of the Employment Standards Act.

The employer and the employee entered into Minutes of Settlement to resolve all issues regarding the employment and its termination.

The Board ordered the $11,000 held in trust by the Director to be disbursed in accordance with the settlement, with $7,000 to the employee, $3,000 to the employer, and $1,000 retained by the Consolidated Revenue Fund.

The application was terminated pursuant to section 69.1(5) of the Act.

1223984 Ontario Ltd. (Operating as Charley T’s) v. Diggles, 2001 CanLII 3647

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 22, 2001

Board issued a consent order directing the responding party to pay $9,761.86 for collective agreement violations.

The applicant union referred a grievance to the Ontario Labour Relations Board under section 133 of the Labour Relations Act, 1995.

Prior to the hearing, the parties entered into Minutes of Settlement.

The Board issued a consent order declaring that the responding party was bound by the collective agreement and had violated it by failing to submit reports and monies.

The responding party was ordered to pay $9,761.86 in outstanding amounts according to an agreed payment schedule.

The International Union of Painters and Allied Trades, District Council 46 (Local Union 1891) v. Ontario Fireproofers Ltd., 2001 CanLII 12077

J. G. Knight

Harry Freedman

G. McMenemy

OLRBOntario Labour Relations BoardMay 22, 2001

Union certified for a bargaining unit of journeymen electricians and apprentices following a successful representation vote.

The applicant union applied for certification and a representation vote was held, with more than fifty percent of ballots cast in favour of the union.

The parties had agreed to a bargaining unit description encompassing all employees, but the Board rejected this agreement, finding that the responding party only employed journeymen electricians and apprentices on the application date.

The Board issued a certificate for a bargaining unit limited to journeymen electricians and apprentices in the construction industry in the County of Lambton.

Construction Workers Local 53, CLAC v. Lockhart Electric (Sarnia) Ltd., 2001 CanLII 17333

J. G. Knight

Harry Freedman

G. McMenemy